What would happen if another person's dog got into my fenced in yard & was attacked by mine due to the other provoking her?

Asked 7 months ago - Statesville, NC

Would I be liable? My dog is not aggressive at all but will be naturally if attack.

Attorney answers (3)

  1. Matthew Vernon Silva


    Contributor Level 15


    Lawyers agree

    Answered . Should the situation arise where a dog enters your fenced in yard, without you abetting, you will not be criminally liable and civil liability is highly unlikely. If this person has a dog, unleashed, you should call animal control to protect you and your dog.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in... more
  2. Dennis Wayne Tackett


    Contributor Level 18


    Lawyers agree

    Answered . How did the other dog get into your fenced yard? You probably would not face responsibility. However, your dog could be hurt badly. Make sure your fence is good and secure. You also do not want children drifting into your yard either. They could hurt your dog or vise versa.

  3. Gary Ralph Ilmanen

    Contributor Level 19


    Lawyers agree

    Answered . Day or night? If at night, the owner has committed a crime:

    ยง 67-12. Permitting dogs to run at large at night; penalty; liability for damage.

    No person shall allow his dog over six months old to run at large in the nighttime unaccompanied by the owner or by some member of the owner's family, or some other person by the owner's permission. Any person intentionally, knowingly, and willfully violating this section shall be guilty of a Class 3 misdemeanor, and shall also be liable in damages to any person injured or suffering loss to his property or chattels. (1919, c. 116, s. 5; C.S., s. 1680; 1993, c. 539, s. 534; 1994, Ex. Sess., c. 24, s. 14(c).)

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a... more

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